Best of the ISP-Lists

The Con Artist

Members of the ISP-Tech list discuss one profitable line of business that no ISP wants to be associated with—theft. What should you do if you learn that a customer is taking payments for products that will never be delivered?

[June 6, 2001]

On the ISP-Tech list in May, PT inquired,

"I have been told that a subscriber may be using our ISP as a conduit to illegal activity, running a scam involving selling without delivering. The information came from a legitimate law firm in another state. At this point, no subpoena has been issued. What should I do to protect my company's image and still retain the privacy of my client?"

A number of respondents suggested checking up on the facts:

[MS offered] "Compare the information you've received with your logs to determine if the user is doing those illegal activities. If you are more than 50% sure they are, send a letter to the user asking them to cease and desist, and if they continue, shut them off."

[EC added] "50% might be a little shaky: if someone voices a complaint, then we pass that along to our user. If we have proof that we can back up with internal logs, then we will pursue it further."

[JT agreed] "The first thing I would do is talk with my customer. Lay the cards on the table. Life is too short to get involved in other people's problems: it's better to err on the side of self preservation."

SM advised caution, noting that it's most important to protect yourself:

"There was a case just prosecuted in West Virginia that resulted in a large settlement for the folks who were scammed. I would start getting my ducks in a row: the first thing to do is check your logs. The mail logs will definitely give you indication, and your web logs will too if they have personal web space."

Others suggested simply getting rid of the user as fast as possible:

[RL offered] "Dump the user, give him the reason, and pull the plug. He's going to cost you a hundred times more then the account is worth. Don't be an accessory: dump the guy today."

[JL added] "Your user agreement should make it clear that you can terminate a subscriber for any (or no) reason at any time. Just as a bouncer throws a rowdy drunk out of a bar, you have the right to do the same."

Still others advised caution of another kind, noting that the evidence of criminal activity is minimal:

[RS observed] "Other than this law firm's claim, you have no direct evidence that a crime is taking place. I would inform the legal firm that unless they bring in law enforcement authority, you cannot violate your company's privacy policy by increasing logging or monitoring this subscriber. In other words, cooperate as far as normal business dictates. If they get pushy, ask them to guarantee that they will defend you at no charge if the subscriber sues you for breach of privacy, and agree to pay any settlement. They are putting you on the spot."

[JM agreed] "It sounds like it could be nothing more than someone trying to stir up trouble for someone else. You'll get a much worse name for yourself if you jump every time an accusation is made or some lawyer says 'boo'."

[TB added] "Remember, this is a request by someone who is getting paid to represent the plaintiff(s). There are no official criminal investigations to speak of. I, for one, would not interrupt service because some paid mouthpiece requested that we make his case easier to prove in a court of law."

[JP warned] "Don't release any information or take any action until you receive a court order. Playing the legal intimidation game is a favorite tactic of stalkers looking to extract information. As long as you are not a partner in whatever is going on, you should have no worries."

—End